Question A.2, Political Law, 2019 Bar Exam

Under the United Nations Convention on the Law of the Sea (UNCLOS), what are the rights of the Philippines within the following areas:

(a) Contiguous zone (2%)

(b) Exclusive economic zone (2%)

Suggested Answer:

(a) Within the contiguous zone, the Philippines have the following rights:

1) Prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea; and,

2) Punish infringement of the above laws and regulations committed within its territory or territorial sea.

(b) Within the exclusive economic zone, the Philippines have the following rights:

1) Sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;

2) Jurisdiction as provided for in the relevant provisions of this Convention with regard to: (a) the establishment and use of artificial islands, installations and structures; (b) marine scientific research; (c) the protection and preservation of the marine environment; and, 3) Other rights and duties provided for in this Convention.

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